It doesn't really matter if your boss is agreeable or not. What matters
is what kind of agreement you signed. I bet your agreeable boss doesn't
authorize in writing allowing you to work on other projects.

Matt Liotta
President & CEO
Montara Software, Inc.
http://www.montarasoftware.com/
V: 415-577-8070
F: 415-341-8906
P: [EMAIL PROTECTED]

> -----Original Message-----
> From: Shawn Grover [mailto:[EMAIL PROTECTED]]
> Sent: Thursday, August 29, 2002 12:18 PM
> To: CF-Talk
> Subject: RE: Intellectual property (was RE: programmer vs. developer)
> 
> I'm in exactly that position.  I volunteer my time to do the site for
the
> Avro Museum (www.avromuseum.ca) (shameless plug, I know...).
> I apply a great deal of what I've learned at work to this site.  So,
> technically, my employer can make a case for "owning" that work. (oh,
I'm
> salaried too, with a clause in my contract saying the company owns ANY
> code
> I write).
> 
> However, They knew when I was hired that I was working on this site.
As
> an
> added bonus, a lot of the problems I've had to deal with for the web
site
> were directly applicable to my work as well.  So in effect, they
didn't
> have
> to pay the R&D time to resolve these problems.  End result is that the
> company benifits because I'm working on this site, and the Avro Museum
> benifits because of the nature of my work.  Nice trade off here.
> 
> The catch is that my company is aware of my work, and knows that I am
not
> competing with them.  Once they have any suspicion that I'm competing
> (i.e.
> If I start making money for my volunteer work...) then they have a
> legitimate beef against me.  But I don't let it get there - I talk to
the
> boss about anything that might be considered a conflict before
undertaking
> it, and he's normally very agreeable.
> 
> My thoughts.
> 
> Shawn Grover
> 
> -----Original Message-----
> From: Haggerty, Mike [mailto:[EMAIL PROTECTED]]
> Sent: Thursday, August 29, 2002 11:42 AM
> To: CF-Talk
> Subject: RE: Intellectual property (was RE: programmer vs. developer)
> 
> 
> Wow, that is restrictive!
> 
> What if you wanted to work on a freelance project outside of work,
maybe
> for
> charity or something. Does the company own that code and do you have
it in
> writing that they do?
> 
> M
> 
> -----Original Message-----
> From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED]]
> Sent: Thursday, August 29, 2002 1:08 PM
> To: CF-Talk
> Subject: RE: Intellectual property (was RE: programmer vs. developer)
> 
> 
> "little shops" don't really have an intellectual property agreement,
but
> none the less... their term of "everything you develop for us" is
rather
> broad in scope... some assume that it also covers off-hour times, some
> assume that as a salaried employee, you're never 'off', you're just
not at
> your desk (e.g. You've been given permission to physically leave the
> building).
> 
> ~Todd
> 
> 
> On Thu, 29 Aug 2002, Matt Liotta wrote:
> 
> > You should have signed an intellectual property agreement when you
were
> > hired. It details you rights in this regard. As with all legal
matters,
> > you are advised to seek counsel from a professional.
> >
> > Matt Liotta
> > President & CEO
> > Montara Software, Inc.
> > http://www.montarasoftware.com/
> > V: 415-577-8070
> > F: 415-341-8906
> > P: [EMAIL PROTECTED]
> >
> > > -----Original Message-----
> > > From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED]]
> > > Sent: Thursday, August 29, 2002 9:02 AM
> > > To: CF-Talk
> > > Subject: Intellectual property (was RE: programmer vs. developer)
> > >
> > > <quote>
> > > "Finally, I think this expectation that most of us have about
being a
> > > programmer 24/7 demonstrates the relative immaturity of our field;
> > after
> > > all, it really should be just like any other job, instead of being
a
> > hobby
> > > that you happen to get paid for. Sure, it's nice to enjoy your
work,
> > but
> > > work is just one part of the life of a well-rounded person."
> > >
> > > Dave Watts, CTO, Fig Leaf Software
> > > </quote>
> > >
> > > Dave,
> > >
> > > Curious question for you.  To those of us that enjoy programming
as a
> > > hobby and actually do research on our own outside of work time.
How
> > does
> > > intellectual property fit into this.  The reason why I bring this
up
> > is
> > > because well, due to the immaturity of most comapnies wanting
their
> > > developers to work 24/7, basically anything I concieve of is by
right
> > of
> > > employment contract, theirs.  In their eyes, a salaried employee
is
> > > something akin to a ... well... a wageslave.
> > >
> > > Take the little company I work for.  They'd love it if I worked
for
> > them
> > > 24/7.  The partners would get a kick out of it, especially if they
> > could
> > > purchase another SUV within a few months.  However, I have been
> > hesitant
> > > to hand over anything, but at times, I've had no choice due to the
> > lack of
> > > time they give me for a particular project.  My methodology for
> > example.
> > > The project manager basically scoped out what he felt my co-worker
and
> > I
> > > were developing, asked me to read this over and ... published it
on
> > the
> > > intranet.  At the same time, I'm thinking to myself, why did I
just do
> > > that?  What did I gain from it?  I got no recognition for it, I
got
> > > nothing.  So, if I were to ever break away from my current job,
I'd be
> > > pretty screwed if they found out that I'm still using 'my' so
called
> > > methodology for future clients.
> > >
> > > I'm very concerned about the future and maturity level of the so
> > called
> > > "internet/development" companies out there.  How does figleaf
handle
> > > creative ideas like this?
> > >
> > > Case in point, Branden Hall.  I'm sure he cranks out
actionscripting
> > code
> > > all day long and posts code left and right and handles what he can
to
> > help
> > > people out.  How does Figleaf distinguish between his intellectual
> > > property and commercial value?  Does Branden run every little
script
> > of
> > > code over to someone at figleaf and ask for permission to release
it?
> > If
> > > Figleaf uses his code that he wrote on his time, does he get
> > compensated?
> > > recognized?  Does Figleaf automatically by default suck in his
code
> > into
> > > their intellectual property library because it was used that one
time?
> > >
> > > Just curious,
> > > ~Todd
> > >
> > > --
> > > ============================================================
> > > Todd Rafferty ([EMAIL PROTECTED]) - http://www.web-rat.com/ |
> > >         Team Macromedia Volunteer for ColdFusion           |
> > > http://www.macromedia.com/support/forums/team_macromedia/  |
> > > http://www.flashCFM.com/   - webRat (Moderator)            |
> > > http://www.ultrashock.com/ - webRat (Back-end Moderator)   |
> > > ============================================================
> > >
> > >
> >
> 
> 
> 
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